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Learning About Trial Judging - The Socialization of State Trial Judges (From Courts and Judges, P 105-147, 1981, James A Cramer, ed. - See NCJ-87695)

NCJ Number
87699
Author(s)
L Alpert
Date Published
1981
Length
43 pages
Annotation
The learning process itself, the local legal culture, and the background experiences of judges affect the outcome of on-bench learning, with learning occurring primarily by doing as judges progress through stages of the judicial career.
Abstract
The nature of on-bench learning in each of the three areas of judging -legal, administrative, and personal -- was investigated in a questionnaire sent to all Florida circuit judges in 1979. Interviews were also conducted with a sample of the judges. Both the interviews and the survey data confirm that learning occurs both initially and throughout the judicial career in each of the three areas of judging. Nearly 60 percent of the respondents report substantial initial learning about administrative issues, but only 40 percent report substantial initial learning about legal or personal issues, suggesting that new judges are better prepared to handle legal or personal issues than administrative ones. More judges continued learning more about legal issues throughout their careers than administrative or personal issues. Fellow trial judges play a key role in helping new judges, as does professional training received through the Florida Circuit Judges Conference and the National Judicial College. Other sources of less importance are court staff, written documents, prejudicial experience, and other professional training. The local legal culture seems to influence the choice of role sources judges rely upon during socialization. Background experiences appear to affect adherence to judicial norms. Thirty-nine notes and 15 references are provided.

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